NY State Senate Bill 2013-S2957

Senate Bill S2957

2013-2014 Legislative Session

Provides that credits for excess electricity generated by customer-generators subject to net energy metering may be carried over and used to offset electricity used

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2014	reported and committed to finance
Jan 08, 2014	referred to energy and telecommunications
Jan 25, 2013	referred to energy and telecommunications

Votes

- May 28, 2014 - Energy And Telecommunications Committee Vote
  S2957
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 28, 2014
      
      aye (10)
      
      Carlucci
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Kennedy
      
      Maziarz
      
      Parker
      
      Peralta
      
      Ritchie
      
      Robach
      
      aye wr (1)
      
      O'Mara

co-Sponsors

2013-S2957 (ACTIVE) - Details

See Assembly Version of this Bill:: A5822
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Amd §§66-j & 66-l, Pub Serv L; amd §1020-g, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10244
2011-2012: S5839, A5521
2015-2016: S2878, A3096
2017-2018: S2696, A5527
2019-2020: S3596, A4639
2021-2022: S3140, A5530
2023-2024: S4304

2013-S2957 (ACTIVE) - Summary

Provides that credits for excess electricity generated by customer-generators subject to net energy metering by an electric corporation or the Long Island power authority may be carried over indefinitely and used against any charges imposed by an electric corporation or the Long Island power authority when the customer-generator uses more electricity than such customer generates; provides for the accounting of credits once every 5 years and the electric corporation or Long Island power authority shall reimburse the customer-generator for the accumulated credits.

2013-S2957 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2957

TITLE OF BILL:  An act to amend the public service law and the public
authorities law, in relation to credit for electricity generated by a
customer-generator subject to net energy metering

PURPOSE OR GENERAL IDEA OF BILL: To provide that credits for excess
electricity generated by customer- generators subject to net metering
may be carried over and used to offset electricity used.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 4 of
section 66-j of the Public Service Law, as amended by Chapter 355 of the
laws of 2009.

Section 2 amends subdivision 4 of section 66-1 of the Public Service
Law, as amended by Chapter 721 of the laws of 2006, paragraphs (b) and
(e) as amended and paragraph (d) as added by Chapter 483 of the laws of
2003.

JUSTIFICATION:  New York State's net metering law allows a utility
customer with an on-site electric generating system using solar or wind
to send any excess power that they Generate back to the utility arid,
receiving an equal credit against their own usage. Customers are credit-
ed fox the excess energy they produce at the retail rate, and the cred-
its can be rolled over from month to month for a year. If there is
excess electricity generated by the customer generator at the end of the

annualized period of service, the utility pays for this-electricity at
the avoided cost rate. Avoided cost is the cost the utility would have
incurred for producing the same amount of power at a rate lower than the
retail rate.

Under this legislation, net-metered customer-generators can choose the
option to carryover the credits that come from their producing energy in
excess of what they use and have that credit aggregated indefinitely so
as to be used as credit against times when they use more energy than
they produce. In cases where customer-generators elect to carryover
credits indefinitely, they will be entitled to an accounting of those
credits every five years.

Net-metered customer generators do not produce excess energy for profit.
The electricity that the net-metered customer generators put into the
grid roughly equals what that customer uses during the periods when they
must use electricity from the grid. It is logical and reasonable to
allow the option of carryover of excess electricity credit longer than a
12 month period so that a customer-generator may take advantage of using
their credits priced at the retail rate, This is significant because the
periods of time that the sun may shine and wind may blow are not the
same from year to year, leaving a customer generator to either make more
or less energy then use in anyone, year. By giving the customer-genera-
tor the opportunity to carryover credits over a period of time longer

than a year, the customer generator will be better able to take advan-
tage of the natural year to year fluctuations of the sun and wind.

New York's interconnection and net metering rules are designed to moti-
vate ratepayers to invest in renewable energy sources on their proper-
ties by ensuring that customer generators are compensated for the energy
they produce. By providing reasonable and appropriate benefits for
customers, New York can incentivize customer-generators to contribute to
the availability of safe, reliable, and affordable electricity and help
protect our environment in New York and reduce our dependence on foreign
fuel sources.

PRIOR LEGISLATIVE HISTORY:  2011-12: S.5839/A.8815 - Referred to Energy
and Telecomm/ Passed Assembly 2009-10 A10244A reported referred to rules

FISCAL IMPLICATIONS: No fiscal implications.

EFFECTIVE DATE: This act shall take effect on the first day of January
next succeeding the date on which it shall have become a law.

2013-S2957 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2957

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public service law and the public authorities law,
  in relation to credit for electricity generated by a  customer-genera-
  tor subject to net energy metering

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 66-j of the public service law, as
amended by chapter 355 of the laws  of  2009,  is  amended  to  read  as
follows:
  4.  Rates.  An  electric  corporation shall use net energy metering to
measure and charge for the net electricity supplied by  the  corporation
and  provided  to  the corporation by a customer-generator, according to
these requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration during the billing  period  exceeds  the  amount  of  electricity
provided  by  a customer-generator, the corporation shall, AFTER DEDUCT-
ING, FROM THE AGGREGATE OF UNUSED CREDIT FOR EXCESS  ELECTRICITY  GENER-
ATED  BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN AMOUNT
OF CREDIT EQUAL TO THE AMOUNT OF ELECTRICITY SUPPLIED  BY  THE  ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge
the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF  SUCH  CREDITS,  at  the  same  rate  per kilowatt hour applicable to
service provided to other customers in the same service class  which  do
not generate electricity onsite.
  (b)  In the event that the amount of electricity produced by a custom-
er-generator during the billing period exceeds the amount of electricity
used by the customer-generator, the corporation shall (I) apply a credit
to the next bill for service to the customer-generator for the net elec-
tricity provided at the  same  rate  per  kilowatt  hour  applicable  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06940-01-3

S. 2957                             2

service  provided  to other customers in the same service class which do
not generate electricity onsite, OR (II) AT THE OPTION OF THE  CUSTOMER-
GENERATOR,  CREDIT  SUCH  CUSTOMER-GENERATOR  WITH  THE AMOUNT OF EXCESS
KILOWATT  HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL BE
AGGREGATED INDEFINITELY TO BE USED AS CREDIT  AGAINST  CHARGES  INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; except for micro-combined
heat and power or fuel cell customer-generators, who will be credited at
the  corporation's  avoided  costs.  The avoided cost credit provided to
micro-combined heat and power or fuel cell customer-generators shall  be
treated  for  ratemaking  purposes  as  a purchase of electricity in the
market that is includable in commodity costs.
  (c) At the end of the year or annualized over the period that  service
is  supplied  by means of net energy metering, the corporation shall (I)
promptly issue payment at its avoided cost to the customer-generator, as
defined in subparagraph (i) [or], (ii), (IV) OR (V) of paragraph (a)  of
subdivision  one  of this section, for the value of any remaining credit
for the excess electricity produced during the year or over the  annual-
ized  period  by  the  customer-generator,  OR (II) AT THE OPTION OF THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME AND CONTINUE TO ALLOW USE OF SUCH
CREDIT TO OFFSET ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE ELECTRIC
CORPORATION DURING BILLING PERIODS IN WHICH THE ELECTRICITY GENERATED BY
THE CUSTOMER-GENERATOR IS LESS THAN THAT USED BY SUCH CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR, AS DEFINED IN SUBPARAGRAPH (I), (II), (IV) OR (V) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, FOR THE VALUE OF ANY REMAINING CRED-
IT FOR THE EXCESS ELECTRICITY PRODUCED BY THE CUSTOMER-GENERATOR.
  S  2.  Subdivision  4  of  section  66-l of the public service law, as
amended by chapter 721 of the laws of 2006, paragraphs (b)  and  (c)  as
amended  and  paragraph (d) as added by chapter 483 of the laws of 2008,
is amended to read as follows:
  4. Rates. An electric corporation shall use  net  energy  metering  to
measure  and  charge for the net electricity supplied by the corporation
and provided to the corporation by a  customer-generator,  according  to
the following requirements:
  (a) In the event that the amount of electricity supplied by the corpo-
ration  during  the  billing  period  exceeds  the amount of electricity
provided by a customer-generator, the corporation shall,  AFTER  DEDUCT-
ING,  FROM  THE AGGREGATE OF UNUSED CREDIT FOR EXCESS ELECTRICITY GENER-
ATED BY SUCH CUSTOMER-GENERATOR PRIOR TO SUCH BILLING PERIOD, AN  AMOUNT
OF  CREDIT  EQUAL  TO THE AMOUNT OF ELECTRICITY SUPPLIED BY THE ELECTRIC
CORPORATION, TO THE EXTENT SUCH CREDIT EXISTS, AND MAY THEREAFTER charge

S. 2957                             3

the customer-generator for the net electricity supplied, AFTER DEDUCTION
OF SUCH CREDITS, at the  same  rate  per  kilowatt  hour  applicable  to
service  provided  to other customers in the same service class which do
not generate electricity on site.
  (b)  In the event that the amount of electricity produced by a custom-
er-generator during the billing period exceeds the amount of electricity
used by the customer-generator, the corporation shall (I) apply a credit
to the next bill for service to the customer-generator for the net elec-
tricity provided at the  same  rate  per  kilowatt  hour  applicable  to
service  provided  to other customers in the same service class which do
not generate electricity on site, OR (II) AT THE OPTION OF  THE  CUSTOM-
ER-GENERATOR,  CREDIT  SUCH CUSTOMER-GENERATOR WITH THE AMOUNT OF EXCESS
KILOWATT HOURS GENERATED IN EXCESS OF ITS USE, AND SUCH CREDIT SHALL  BE
AGGREGATED  INDEFINITELY  TO  BE USED AS CREDIT AGAINST CHARGES INCURRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  (c) At the end of the year or annualized over the period that  service
is  supplied  by means of net energy metering, the corporation shall (I)
promptly issue payment at its avoided cost  to  a  residential  or  farm
service customer-generator for the value of any remaining credit for the
excess electricity produced during the year or over the annualized peri-
od   by   such   customer-generator,  OR  (II)  AT  THE  OPTION  OF  THE
CUSTOMER-GENERATOR, SHALL CONTINUE TO AGGREGATE  SUCH  CREDITS,  AT  THE
SAME  RATE PER KILOWATT HOUR APPLICABLE TO THE SERVICE PROVIDED TO OTHER
CUSTOMERS IN THE SAME SERVICE CLASS WHICH DO NOT GENERATE ELECTRICITY ON
SITE, FOR AN INDEFINITE PERIOD OF TIME, AND CONTINUE  TO  ALLOW  USE  OF
SUCH  CREDIT  TO  OFFSET  ANY LIABILITY OF THE CUSTOMER-GENERATOR TO THE
ELECTRIC CORPORATION DURING BILLING PERIODS  IN  WHICH  THE  ELECTRICITY
GENERATED  BY  THE  CUSTOMER-GENERATOR  IS  LESS  THAN THAT USED BY SUCH
CUSTOMER.
  (d) In the event that the corporation imposes charges based  on  kilo-
watt  demand  on  customers  who  are  in  the same service class as the
customer-generator but which do not generate electricity  on  site,  the
corporation may impose the same charges at the same rates to the custom-
er-generator,  provided,  however,  that  the  kilowatt  demand for such
demand charges is determined by the  maximum  measured  kilowatt  demand
actually  supplied  by  the corporation to the customer-generator during
the billing period.
  (E) IN THE EVENT THAT A CUSTOMER-GENERATOR ELECTS TO ALLOW THE  AGGRE-
GATION   OF   ANY   CREDITS   FOR   EXCESS  ELECTRICITY  GENERATED,  THE
CUSTOMER-GENERATOR SHALL BE ENTITLED TO AN ACCOUNTING  OF  SUCH  CREDITS
ONCE EVERY FIVE YEARS AND UPON SUCH ACCOUNTING, THE ELECTRIC CORPORATION
SHALL PROMPTLY ISSUE PAYMENT AT ITS AVOIDED COST TO SUCH CUSTOMER-GENER-
ATOR  FOR  THE  VALUE OF ANY REMAINING CREDIT FOR THE EXCESS ELECTRICITY
PRODUCED BY THE CUSTOMER-GENERATOR.
  S 3. Subdivision (h) of section 1020-g of the public authorities  law,
as  amended  by  chapter  546 of the laws of 2011, is amended to read as
follows:
  (h) To implement programs and policies designed  to  provide  for  the
interconnection of: (i) (A) solar electric generating equipment owned or
operated  by  residential  customers, (B) farm waste electric generating
equipment owned or operated by customer-generators, (C)  solar  electric
generating equipment owned or operated by non-residential customers, (D)
micro-combined  heat  and  power  generating  equipment owned, leased or
operated by residential customers, (E)  fuel  cell  electric  generating
equipment  owned,  leased  or operated by residential customers, and (F)
micro-hydroelectric generating equipment owned, leased  or  operated  by

S. 2957                             4

customer-generators  and for net energy metering consistent with section
sixty-six-j of the public service law, to  increase  the  efficiency  of
energy  end  use, to shift demand from periods of high demand to periods
of  low  demand  and  to facilitate the development of cogeneration; and
(ii) wind electric generating equipment owned or operated  by  customer-
generators  and  for  net energy metering consistent with section sixty-
six-l of the public  service  law.  NOTWITHSTANDING  THE  PROVISIONS  OF
SECTION ONE THOUSAND TWENTY-S OF THIS TITLE, AS AMENDED BY CHAPTER THREE
HUNDRED  EIGHTY-EIGHT OF THE LAWS OF TWO THOUSAND ELEVEN, THE AUTHORITY,
IN ITS IMPLEMENTATION OF SUCH PROGRAMS AND POLICIES, SHALL BE SUBJECT TO
THE PROVISIONS OF SUBDIVISION FOUR OF SECTION SIXTY-SIX-J  AND  SUBDIVI-
SION FOUR OF SECTION SIXTY-SIX-L OF THE PUBLIC SERVICE LAW;
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2957

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Phil Boyle

Velmanette Montgomery

Bill Perkins

John L. Sampson

2013-S2957 (ACTIVE) - Details

2013-S2957 (ACTIVE) - Summary

2013-S2957 (ACTIVE) - Sponsor Memo

2013-S2957 (ACTIVE) - Bill Text download pdf

Comments